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Age Requirement for Marriage in Georgia

In Georgia, a person must be at least 18 years of age to legally marry. OCGA §19-3-2(a)(2). The oneexception to this age requirement is that a 16 or 17 year old may get married in this state so long as he/she has the requisite parental consent. OCGA §19-3-2(b).

In cases where the parties applying for a marriage license are 16 or 17 years old, the parties must first submit proof of their ages. Proof may include “a birth certificate, driver’s license,baptismal certificate, certificate of birth registration, selective service card, court record, passport, immigration papers, alien papers, citizenship papers, armed forces discharge papers,armed forces identification card, or hospital admission card containing the full name and date of birth.” OCGA §19-3-36. The parents or guardians of the underage applicants must then “appear in person before thejudge and consent to the proposed marriage, provided that if physical presence because of illness or infirmity is impossible, an affidavit by the incapacitated parent or guardian along with anaffidavit signed by a licensed attending physician stating that the parent or guardian is physically incapable of being present shall suffice.” OCGA §19-3-37(b).

Additionally, if the parents or guardians live in a different Georgia county than the applicants, they can appear before the court in the county in which they reside. OCGA §19-3-37(c)(1). If the parents or guardians live in a different state, they may appear before thejudicial authority in their state. OCGA §19-3-37(c)(2). In either of these cases, “the parents orguardians shall obtain a certificate from the judge of the probate court or the proper judicial officer before whom they have appeared with the seal and title of the official appearing thereon,the certificate containing information to the effect that the parents or guardians appeared before the judge or judicial officer and consented to the proposed marriage.” OCGA §19-3-37(c)(3).

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